Rule2022-11806
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 2, 2022
Effective
July 7, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD was prompted by reports of a missing shim at a joint common to the main torque box (MTB) skin panel and rear spar root fitting. This AD requires inspecting the MTB skin panel and rear spar root fitting for cracking and delamination, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 106 (Thursday, June 2, 2022)</title>
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[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Rules and Regulations]
[Pages 33435-33438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11806]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0844; Project Identifier AD-2021-00689-T;
Amendment 39-22028; AD 2022-09-08]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes.
This AD was prompted by reports of a missing shim at a joint common to
the main torque box (MTB) skin panel and rear spar root fitting. This
AD requires inspecting the MTB skin panel and rear spar root fitting
for cracking and delamination, and applicable on-condition actions. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective July 7, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 7,
2022.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this referenced service information
at the FAA, Airworthiness Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195. It is also
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0844.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0844; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Joseph Hodgin, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3962; email:
<a href="/cdn-cgi/l/email-protection#1d77726e786d753377337572797a74735d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="016b6e726471692f6b2f696e6566686f416760602f666e77">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 787-8, 787-9, and 787-10 airplanes. The NPRM published in
the Federal Register on October 28, 2021 (86 FR 59665). The NPRM was
[[Page 33436]]
prompted by reports of a missing shim at a joint common to the MTB skin
panel and rear spar root fitting. In the NPRM, the FAA proposed to
require inspecting the MTB skin panel and rear spar root fitting for
cracking and delamination, and applicable on-condition actions. The FAA
is issuing this AD to address the omission of a shim between the MTB
skin panel and rear spar flange at the attachment to the root fitting.
This condition, if not addressed, could result in a reduction in
fatigue performance of the MTB skin panel and rear spar root fittings,
which could affect the structural integrity of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA), Boeing, an individual, and United Airlines, who
supported the NPRM without change.
The FAA received additional comments from Avianca Airlines. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Substitute Approval Form for Alternative Method of
Compliance (AMOC) Letter
Avianca Airlines (AVA) proposed that paragraph (h) of the proposed
AD be revised to require an 8100-9 approval form, rather than an AMOC,
for a repair after contacting Boeing. AVA stated that the time delay
required to obtain an AMOC letter affects the operational return to
service of the affected aircraft and that an 8100-9 form is already an
approved document that certifies compliance with airworthiness
standards.
The FAA does not agree with this request. An FAA Form 8100-9, which
is both a repair data approval and AMOC approval, may be issued by the
Boeing Company Organization Designation Authorization (ODA), provided
it has been authorized by the Manager, Seattle ACO Branch, FAA, as
required by paragraph (i)(3) of this AD. If the ODA does not have
authorization from the Manager, Seattle ACO Branch, FAA, then a
separate AMOC approval is required. This AD has not been changed with
regard to this request.
Request To Allow Later Approved Revisions of the Service Bulletin
AVA requested that the proposed AD be revised to allow later
approved revisions of Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021, to be used for
compliance with the proposed AD.
The FAA does not agree with the request to allow later approved
revisions. The FAA may not refer to any document that does not yet
exist in an AD. In general terms, the FAA is required by Office of the
Federal Register (OFR) regulations for approval of materials
incorporated by reference, as specified in 1 CFR 51.1(f), to either
publish the service document contents as part of the actual AD
language; or submit the service document to the OFR for approval as
referenced material, in which case the FAA may only refer to such
material in the text of an AD. The AD may refer to the service document
only if the OFR approved it for incorporation by reference. See 1 CFR
part 51.
To allow operators to use later revisions of the referenced
document (issued after publication of the AD), either the FAA must
revise the AD to reference specific later revisions, or operators must
request approval to use later revisions as an alternative method of
compliance with this AD under the provisions of paragraph (i) of this
AD.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021. This service information
specifies procedures for an ultrasonic test for cracking and
delamination of the skin panel, an open hole high frequency eddy
current (HFEC) inspection for cracking of the rear spar root fitting at
the fastener holes common to the MTB skin panel and rear spar root
fitting interface, and a surface HFEC inspection for cracking of
visible rear spar root fitting surface areas, and applicable on-
condition actions. On-condition actions include measurement of the gap
between the MTB skin panel and the rear spar flange, installation of a
new shim between the MTB skin panel and the rear spar flange, and
installation of new fasteners in the MTB skin panel and the rear spar
flange. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 91 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspections........................... 14 work-hours x $85 per $0 $1,190 $108,290
hour = $1,190.
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The FAA estimates the following costs to do any necessary
measurements and installations that would be required based on the
results of the inspection. The agency has no way of determining the
number of aircraft that might need these actions:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Gap measurement............................... 1 work-hour x $85 per hour = $85 $0 $85
Installation.................................. 10 work-hours x $85 per hour = 11,330 12,180
$850.
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[[Page 33437]]
The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2022-09-08 The Boeing Company: Amendment 39-22028; Docket No. FAA-
2021-0844; Project Identifier AD-2021-00689-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 7, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category, as specified in
Boeing Alert Requirements Bulletin B787-81205-SB550011-00 RB, Issue
001, dated May 18, 2021.
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Unsafe Condition
This AD was prompted by reports of a missing shim at a joint
common to the main torque box (MTB) skin panel and rear spar root
fitting. The FAA is issuing this AD to address the omission of a
shim between the MTB skin panel and rear spar flange at the
attachment to the root fitting. This condition, if not addressed,
could result in a reduction in fatigue performance of the MTB skin
panel and rear spar root fittings, which could affect the structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin B787-81205-SB550011-00 RB, Issue 001,
dated May 18, 2021, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin B787-81205-SB550011-00 RB, Issue 001, dated
May 18, 2021.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
B787-81205-SB550011-00, Issue 001, dated May 18, 2021, which is
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021.
(h) Exceptions to Service Information Specifications
Where Boeing Alert Requirements Bulletin B787-81205-SB550011-00
RB, Issue 001, dated May 18, 2021, specifies contacting Boeing for
repair instructions: This AD requires doing the repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (j) of this AD. Information may be emailed
to: <a href="/cdn-cgi/l/email-protection#043d29454a4929576165707068612945474b2945494b47295661757161777077446265652a636b72"><span class="__cf_email__" data-cfemail="172e3a56595a3a44727663637b723a5654583a565a58543a45726662726463645771767639707861">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
(j) Related Information
For more information about this AD, contact Joseph Hodgin,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3962;
email: <a href="/cdn-cgi/l/email-protection#b3d9dcc0d6c3db9dd99ddbdcd7d4daddf3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="472d283422372f692d692f2823202e290721262669202831">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin B787-81205-SB550011-00
RB, Issue 001, dated May 18, 2021.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
[[Page 33438]]
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, <a href="/cdn-cgi/l/email-protection#c4a2b6eaadaab7b4a1a7b0adabaa84aaa5b6a5eaa3abb2"><span class="__cf_email__" data-cfemail="7d1b0f5314130e0d181e091412133d131c0f1c531a120b">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on April 15, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-11806 Filed 6-1-22; 8:45 am]
BILLING CODE 4910-13-P
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